In Sour Relationship, Initial Friendship Should Not Always Be Branded As Product Of Mistrust & Mischief Thereby Accusing Male Partner Of Rape- Odisha HC
The Odisha High Court while quashing a rape case has observed, "What the Court is concerned with is that a sour relationship, if initially started and developed genuinely with a friendship should not always be branded as a product of mistrust and mischief thereby accusing the male partner of rape."
A Bench headed by Justice R.K. Pattanaik held that “in case of a relationship whether it was consensual or otherwise for the purpose of an offence under Section 376 I.P.C would depend on the nature of accusation and conduct of the parties and in particular, of the accused.”
The Court further said “In case of a relationship whether it was consensual or otherwise for the purpose of an offence under Section 376 I.P.C would depend on the nature of accusation and conduct of the parties and in particular, of the accused. The ill-treatment during the subsistence of a relationship cannot always be a reason to suspect the intention of the male partner.”
Senior Advocate S.K. Sarangi appeared for the Petitioner while Additional Standing Counsel S.S. Mohapatra appeared for the Respondent.
In this case, the Petitioner and the Respondent were in a relationship that started out as a friendship. During the start of their friendship, the Respondent was still married and was facing some matrimonial dispute. In the course of the friendship, a relationship conspired between the Petitioner and the Respondent which also involved physical relations.
The Petitioner wanted to marry the Respondent but she denied. After a while, the Respondent agreed to marry the Petitioner but the Petitioner was not interested in the same and rejected. The Respondent alleged that the Petitioner duped her of money and valuables worth ₹ 7,00,00. A FIR was registered against the Petitioner under Sections 417, 420, 376, 354 and 506 of the IPC.
The High Court while examining the issue of alleged rape under Section 376, said that “There is a subtle difference between breach of promise which is made in good faith but subsequently could not be fulfilled and a false promise to marriage. In case of a relationship whether it was consensual or otherwise for the purpose of an offence under Section 376 I.P.C would depend on the nature of accusation and conduct of the parties and in particular, of the accused.”
For the other offences in the FIR, the Court held “in so far as other allegations are concerned, it should be left open for enquiry and investigation.”
The High Court, accordingly, quashed the offence under Section 376 IPC and partly allowed the Petition.
Cause Title: Manoranjan Dash v. State of Odisha & Anr.
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